New H-2B Rule: What’s New and What It Means for You

new h2b visa rules

USCIS has issued new rules that make the H-2B visa program more flexible and accessible, helping employers meet seasonal workforce needs more effectively. Here are the highlights:

Extended post-employment grace period

Workers now have 30 days (up from 10 days) after their H-2B employment ends to transition to new jobs or prepare to leave the U.S. without violating status.

Immediate work authorization during transfers or extensions

The COVID-era rule allowing H-2B workers to start or continue working upon filing a valid extension or employer-transfer petition (rather than waiting for approval) is now permanent.

No penalties for seeking permanent residency

Workers won’t face denial of H-2B petitions for pursuing green card processes like labor certification or adjustment of status.

Program access expanded to all nationalities

The program is no longer limited to certain countries, enabling businesses to hire from a broader pool of talent.

Reduced time outside the U.S. for eligibility reset

Workers only need to spend 60 days (down from 90 days) outside the U.S. to reset their maximum 3-year H-2B stay or “clock.”

Need Guidance on H-2B Visa Compliance and Hiring?

Our H-2B visa lawyer can help you navigate these new rule changes and ensure your business stays compliant while securing the seasonal workforce you need. Schedule a consultation today.

Author Bio

Jose Carlos de Wit, Founder, and Lead Attorney at De Wit Immigration Law, P.A., practices all areas of U.S. employment immigration and nationality law. A UC Berkeley Law graduate and Guatemalan immigrant, Jose brings firsthand experience to his work. He focuses on representing entrepreneurs, investors, startups, and outstanding individuals in employment-based visa petitions.

Jose’s extensive litigation experience includes cases in immigration court, the Board of Immigration Appeals, and federal courts. Before founding his firm, he practiced commercial litigation and immigration law at boutique and large international firms. A former award-winning newspaper reporter, Jose is fluent in English and Spanish.

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